Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates the non-competition in labor contracts or confidentiality agreements, but it does not stipulate the economic compensation for workers after the dissolution or termination of labor contracts, and the workers have fulfilled their obligations of non-competition and require the employing unit to pay economic compensation monthly at 30% of the average wages of workers in the twelve months before the dissolution or termination of labor contracts, so the people's court shall support it. ?
Where 30% of the average monthly salary specified in the preceding paragraph is lower than the minimum wage standard in the place where the labor contract is performed, it shall be paid according to the minimum wage standard in the place where the labor contract is performed.
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The Supreme People's Court's explanation on several issues concerning the application of law in the trial of labor dispute cases 4? Article 7 The parties agree on non-competition and economic compensation in the labor contract or confidentiality agreement. When the parties terminate the labor contract, unless otherwise agreed, if the employer requires the employee to perform the obligation of non-competition, or if the employee requires the employer to pay economic compensation after performing the obligation of non-competition, the people's court shall support it. ?
Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, the parties have agreed on non-competition and economic compensation in the labor contract or confidentiality agreement. After the dissolution or termination of the labor contract, if the economic compensation has not been paid for three months due to the employer, the people's court shall support it. ?
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 9 During the period of non-competition, if the employer requests to terminate the non-competition agreement, the people's court shall support it. When the non-competition agreement is terminated, the people's court shall support the laborer's request to the employer to pay the laborer an additional three-month non-competition economic compensation.
Baidu Encyclopedia-the Supreme People's Court's Opinions on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases